Civil court cases may seem simple and straightforward, but they often come with unique challenges that arise from the type of case and the complexity of the fields it encompasses. For example, a medical malpractice case may require the jury or the judge to have knowledge and insight into the medical field. However, since the medical field requires years of study to become proficient in, certain facets of a case may remain unclear without expert guidance.
This is why most courts in the United States allow for expert witnesses in court, who can provide their professional opinions and clarify details of their specific field. The influence and authority of these expert witnesses can often shift the outcome of a court case, as they can help clarify matters of confusion and provide a trustworthy opinion based on their extensive experience. Understanding when and how expert witnesses in court may fit into a civil litigation case could help reveal crucial facts and impact the outcome of a case.
A skilled North Carolina civil litigation attorney from King Law Office can provide more information about expert witnesses in court, and may be able to assist with your case. Consider scheduling a consultation today by calling (888) 748-KING.
What Are Expert Witnesses in Court?
An expert witness is an individual with a specialized skillset, someone who is capable of speaking with authority on a subject that may require extensive education or training. Generally, technical or specialized knowledge relating to a specific field is the hallmark of an expert witness in court. As such, many different types of people could be classified as expert witnesses, provided they can offer substantial explanation and insight into their given field.
Expert witnesses may give insight into issues of fact relating to their field to clarify confusing details or to provide knowledge of complex processes that may have impacted the case. By using their expertise to inform the judge or jury, they can help ensure that all parties involved clearly understand the issue at hand. Expert witnesses in court may also provide opinions based on sufficient facts or data, providing they are employing a reliable method without bias.
Common Types of Expert Witnesses
There are many types of expert witnesses in court, as expert witnesses are not defined by a specific occupation, but by a level of higher training and understanding of a complex subject. Generally, the more common types of expert witnesses include physicians and other medical professionals, engineers and experts in structure and design, as well as financial experts such as accountants and economists. Each type of expert witness may be able to provide specialized input that could influence the outcome of a case.
When Does a Case Call for an Expert Witness?
However, the insight of expert witnesses is not always necessary in court. Therefore, understanding when and how to call upon an expert witness for testimony could help shape a civil litigation case. Expert witnesses may be called for in a trial when specialized knowledge would help the trier of fact determine a fact in issue, according to N.C.G.S. § 8C-702. In these cases, any party may motion for the court to appoint an expert witness and the parties themselves may nominate witnesses to be reviewed by the courts. However, expert witnesses in court are expected to remain unbiased and provide factual and reasonable observations.
For more information on the role of expert witnesses in court, consider speaking with a skilled North Carolina civil litigation attorney from King Law Offices.
Benefits of Presenting Expert Witnesses in Court
Expert witnesses in court can provide a multitude of benefits. Chief among these benefits is their insight into and understanding of their specific field. Medical professionals, engineers, forensics experts, and more can all help clarify complex topics covered by their field. In doing so, they give the judge or jury better clarity on the issues of fact which could help avoid errors in judgment.
Expert witnesses can also help rebut claims, by offering their opinion on what is possible or likely in a given situation. If a claim from the opposing party is erroneous, an expert witness in court could identify the error and provide a rebuttal. They may also present their opinion on what may have happened if the evidence is unclear and requires further insight.
Challenges of Presenting Expert Witnesses in Court
However, expert witnesses in court may also bring with them a number of challenges. First, expert witnesses must be carefully vetted to ensure there are no biases or conflicts of interest that might affect a case. Additionally, the expert witness must be able to communicate the details of their field in a clear and effective manner so the trier of fact can understand. Without effective communication, the testimony of an expert witness may not provide the impact that is needed.
Frequently Asked Questions
Listed below are several frequently asked questions regarding expert witnesses in court in North Carolina.
What is Rule 702?
To clarify how expert witnesses in North Carolina function, it may be beneficial to understand the underlying legislature that supports the testimony of expert witnesses. According to the UNC School of Government, this legislature is Rule 702, which details who qualifies as an expert witness in court and what these expert witnesses are allowed to do.
When Can Expert Witnesses Offer Opinions as Testimony?
Expert witnesses are allowed to offer opinions on the case to a much greater degree than lay witnesses. However, these opinions must be grounded in factual processes and methods and based on facts and data. Expert testimony that is found to be lacking in sufficient data or logical processes may not be admissible.
Speak with a North Carolina Civil Litigation Attorney
Expert witnesses can often have a significant impact on civil cases in North Carolina, as they can provide crucial information and insight into the workings of their field. Physicians, security experts, accident reconstruction professionals, and more can all greatly influence the outcome of a case. Therefore, understanding when to call on an expert witness and how to maximize that impact could be key to a successful case. An experienced North Carolina civil litigation attorney from King Law Offices may be able to help evaluate the impact of an expert witness and advise their client. Consider speaking with an attorney today by scheduling an initial consultation at 888) 748-KING.